city of seattle paid leave ordinance

8/4/2019 City of Seattle Paid Leave Ordinance

1/33

Ben Noble

Leg paid sick leaveSep 9, 2011Version #5

Form Last Revised: May 2, 2011 1

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDINANCE _________________AN ORDINANCE relating to employment in Seattle; adding a new chapter 14.16 to the Seattle

Municipal Code; establishing minimum standards for the provision of paid sick and paid

safe time; prescribing penalties, remedies and enforcement procedures; amending Section3.14.931 of the Seattle Municipal Code; and requesting a post-implementationassessment from the Seattle Office for Civil Rights.

WHEREAS, A large number of workers in the city of Seattle will at some time during the yearneed temporary time off from work to take care of their own or their family membershealth needs or their own or their family members safety or other needs resulting fromdomestic violence, sexual assault, or stalking; and

WHEREAS, many workers do not have access to any paid leave for sick or safe days or have aninadequate number of paid sick or safe days;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council makes the following findings:

When workers have no paid sick leave or an inadequate amount available to them, they

are more likely to come to work when they or their family members are sick. Workers who are

compensated through tips still have a financial incentive to work when ill, even if they do have

paid leave. Absent the proper care needed for treatment or recovery, the ill workers or ill family

members health problems may intensify or be prolonged.

Employees who come to work when they are sick are likely to expose other employees,

customers, and members of the public to infectious diseases, such as the flu.

Workers with no paid sick leave, or an inadequate amount to take time off to care for a

sick child, are likely to send sick children to school or a child care center, thereby potentially

spreading contagious illnesses.

Family economic security is at risk for workers who lack adequate paid sick leave

because workers who lack paid sick leave lose earnings if they miss work to care for themselves,

their children, or other family members who are ill or injured.


2/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Victims of domestic violence, sexual assault and stalking with no paid sick leave are less

able to receive medical treatment, participate in legal proceedings and obtain other necessary

services. In addition, without paid sick leave, domestic violence victims are less able to maintain

the financial independence necessary to leave abusive situations, achieve safety, and minimize

physical and emotional injuries.

Paid sick and safe days will promote the safety, health and welfare of the people of the

City of Seattle by reducing the chances that workers illnesses will intensify or be prolonged, by

reducing the exposure of co-workers and members of the public to infectious diseases, and by

reducing the exposure of children at schools and day cares to infectious diseases; resulting in a

healthier and more productive workforce, better health for older family members and children,

enhanced public health and improved family economic security.

Paid sick and safe days will enable victims of domestic violence, sexual assault and

stalking and their family members to participate in legal proceedings, receive medical treatment,

or obtain other necessary services and, thus, to maintain the financial independence necessary to

leave abusive situations, achieve safety, and minimize physical and emotional injuries.

Through the collective bargaining process, employers and represented workers can

develop alternative means of meeting the policy goals underlying the paid leave requirements

established by this ordinance.

To safeguard the public welfare, health, safety, and prosperity of the city of Seattle, all

persons working in our community should have access to adequate paid sick and safe leave,

because doing so will ensure a more stable workforce in our community, thereby benefiting

workers, their families, employers, and the community as a whole.

Section 2. A new Chapter 14.16 Paid Sick Time and Paid Safe Time is added to Title

14 of the Seattle Municipal Code as follows:


3/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

14.16.010. Definitions

For purposes of this chapter

A. Adverse action means the discharge, suspension, discipline, transfer, demotion or

denial of promotion by an employer of an employee for any reason prohibited by 14.16.040.

B. Agency shall mean the Seattle Office for Civil Rights.

C. Business and engaging in business has the same meanings as in Chapter 5.30.

D. City shall mean the City of Seattle.

E. "City department" means any agency, office, board or commission of the City, or any

Department employee acting on its behalf, but shall not mean a public corporation chartered

under Ordinance 103387, or its successor ordinances, or any contractor, consultant,

concessionaire or lessee.

F. "Charging party" means the person aggrieved by an alleged violation of this chapter or

the person making a charge on another person's behalf, or the Director when the Director files a

charge.

G. Commission means the Seattle Human Rights Commission.

H. "Director" means the Director of the Office for Civil Rights.

I. Eating and/or drinking establishment means a place where food and/or beverages are

prepared and sold at retail for immediate consumption either on- or off-premise, but excludes

food and beverage service sites, such as cafeterias, that are accessory to other activities and

primarily serve students, patients and/or on-site employees.

J. Employee shall mean any individual employed by an employer, and shall include

traditional employees, temporary workers, and part-time employees. Individuals performing

services under a work study agreement are not covered by this chapter. Employees are covered

by this chapter if they perform their work in Seattle. An employee who performs work in Seattle

on an occasional basis is covered by this chapter only if he performs more than 240 hours of

work in Seattle within a calendar year. An employee who is not covered by this Chapter is still


4/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

included in any determination of the size of the employer. In the event that a temporary

employee is supplied by a staffing agency or similar entity, absent a contractual agreement

stating otherwise, that individual shall be deemed to be an employee of the staffing agency for all

purposes of this chapter, except as provided in subsection 14.16.010.T.4.b.

K. Employer shall mean, as defined in subsection 14.04.030.K, any person who has

one or more employees, or the employer's designee or any person acting in the interest of such

employer. Employer size shall be determined as provided in subsection 14.16.010.T. For

purposes of this act, "employer" does not include any of the following:

1. The United States government;

2. The State of Washington, including any office, department, agency, authority,

institution, association, society or other body of the state, including the legislature and the

judiciary;

3. Any county or local government other than the City.

L. "Employment agency" or "staffing agency" means any person undertaking with or

without compensation to procure opportunities to work or to procure, recruit, refer, or place

individuals with an employer or in employment.

M. Full-time equivalent shall mean the number of hours worked for compensation that

add up to one full-time employee, based either on an eight-hour day and a five-day week or as

full-time is defined, in writing or in practice, by the employer.N. Health care professional shall mean any person authorized by the City, any state

government and/or the federal government to diagnose and treat physical or mental health

conditions, including a doctor, nurse, emergency medical care provider, and/or a public health

clinic worker, so long as that person is performing within the scope of their practice as defined

by the relevant law.

O. Paid sick time and/or paid sick days shall mean accrued hours of paid leave

provided by an employer for use by an employee for an absence from work for any of the


5/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

reasons specified in 14.16.030.A.11) of this chapter, for which time an employee shall be

compensated at the same hourly rate and with the same benefits, including health care benefits,

as the employee would have earned during the time the paid leave is taken. Employees are not

entitled to compensation for lost tips or commissions and compensation shall only be required

for hours that an employee is scheduled to have worked.

1. For purposes of determining eligibility for paid sick time, family member shall

mean, as defined in the Washington Family Care Act, RCW 49.12.265 and 49.12.903, as

follows:

a. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward,

or a child of a person standing in loco parentis who is: (a) Under eighteen years of

age; or (b) eighteen years of age or older and incapable of self-care because of a

mental or physical disability.

b. "Grandparent" means a parent of a parent of an employee.

c. "Parent" means a biological or adoptive parent of an employee or an individual

who stood in loco parentis to an employee when the employee was a child.

d. "Parent-in-law" means a parent of the spouse of an employee.

e. Spouse means husband, wife or domestic partner. For purposes of this

chapter, the terms spouse, marriage, marital, husband, wife, and family shall be

interpreted as applying equally to city or state registered domestic partnerships or

individuals in city or state registered domestic partnerships as well as to marital

relationships and married persons to the extent that such interpretation does not

conflict with federal law. Where necessary to implement this chapter, gender-

specific terms such as husband and wife used in any statute, rule, or other law

shall be construed to be gender neutral, and applicable to individuals in city or

state registered domestic partnerships.


6/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

P. Paid safe time and/or paid safe days shall mean accrued hours of paid leave

provided by an employer for use by an employee for an absence from work for any of the

reasons specified in 14.16.030.A.2), for which time an employee shall be compensated at the

same hourly rate and with the same benefits, including health care benefits, as the employee

would have earned during the time the paid leave is taken.

1. For the purposes of determining eligibility for paid safe time:

a. "Family or household members" shall mean, as defined in RCW 49.76.020,

spouses, domestic partners, former spouses, former domestic partners, persons

who have a child in common regardless of whether they have been married or

have lived together at any time, adult persons related by blood or marriage, adult

persons who are presently residing together or who have resided together in the

past, persons sixteen years of age or older who are presently residing together or

who have resided together in the past and who have or have had a dating

relationship, persons sixteen years of age or older with whom a person sixteen

years of age or older has or has had a dating relationship, and persons who have a

biological or legal parent-child relationship, including stepparents and

stepchildren and grandparents and grandchildren.

b. "Domestic violence" shall mean:

1) Physical harm, bodily injury, assault, or the infliction of fear of imminent

physical harm, bodily injury or assault, between family or household

members;

2) sexual assault of one family or household member by another; or

3) stalking, as defined below in subsection 14.16.010.P.1.c, of one family or

household member by another family or household member.

c. Stalking shall be defined as in RCW 9A.46.110,


7/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

d. "Dating relationship" shall mean, as defined in RCW 49.76.020, a social

relationship of a romantic nature.

e. Sexual assault shall be defined as in RCW 49.76.020.

Q. "Party" includes the person charging or making a complaint or upon whose behalf a

complaint is made alleging a violation of this chapter, the person alleged or found to have

committed a violation of this chapter and the Office for Civil Rights.

R. "Person," as used in this chapter, includes one or more individuals, partnerships,

associations, organizations, trade or professional associations, corporations, public corporations,

cooperatives, legal representatives, trustees, trustees in bankruptcy and receivers, firm,

institution, or any group of persons; it includes any owner, lessee, proprietor, manager, agent or

employee, whether one or more natural persons, and further includes any department, office,

agency or instrumentality of the City.

S. "Respondent" means any person who is alleged or found to have committed a violation

of this chapter.

T. Tier One, Tier Two, and Tier Three employers are defined as follows:

1. Tier One employer shall mean an employer that employs more than 4 and fewer than

50 full-time equivalents on average per calendar week.

2. Tier Two employer shall mean an employer that employs at least 50 and fewer than

250 full-time equivalents on average per calendar week.

3. Tier Three employer shall mean an employer that employs 250 or more full-time

equivalents on average per calendar week.

4. The determination of employer tier for the current calendar year will be calculated

based upon the average number of full-time equivalents paid for per calendar week

during the preceding calendar year for any and all weeks during which at least one

employee worked for compensation. To determine the number of full-time equivalents,

all compensated hours of all employees shall be counted, including:


8/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

a. work performed outside of the City; and

b. compensated hours made available by part-time employment, temporary

employment or through the services of a temporary services or staffing agency or

similar entity.

5. For employers that did not have any employees during the previous calendar year, the

employer tier will be calculated based upon the average number of full-time equivalents

paid for per calendar week during the first 90 calendar days of the current year in which

the employer engaged in business.

14.16.020. Accrual of Paid Sick Time and Paid Safe Time

A. All employees of Tier 1, Tier 2 and Tier 3 employers have the right to paid sick time

and paid safe time as provided in this section.

B. Employees shall accrue paid time, to be used as either paid sick or safe time, as

follows:

1. Employees of a Tier One or Tier Two employer shall accrue at least one hour of paid

time for every 40 hours worked.

2. Employees of a Tier Three employer shall accrue at least one hour of paid time for

every 30 hours worked.

C. No Tier One employer shall be required to allow an employee to use a combined total

of paid sick time and paid safe time exceeding 40 hours in a calendar year. No Tier Two

employer shall be required to allow an employee to use a combined total of paid sick time and

paid safe time exceeding 56 hours in a calendar year. No Tier Three employer shall be required

to allow an employee to use a combined total of paid sick time and paid safe time exceeding 72

hours in a calendar year.


9/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

D. In the case of employees who are exempt from overtime payment under section

213(a)(1) of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29

U.S.C. 201 et seq.) (hereinafter referred to as FLSA exempt employees), no employer shall

be required to accrue leave for such employees for hours worked beyond a 40-hour work week.

If their normal work in a work week is less than 40 hours, paid sick time and paid safe time

accrues based upon that employees normal work week.

E. Paid sick time and paid safe time as provided in this section shall begin to accrue at the

commencement of employment. For individuals who are employed on the date this ordinance

takes effect, accrual shall begin on the date this ordinance takes effect. Accrual rates shall not

apply to hours worked before this ordinance takes effect.

F.Except as provided in Sections 14.16.090 and 14.16.100, employees shall be entitled to

use accrued paid sick time or safe time beginning on the 180th calendar day after the

commencement of their employment. When there is a separation from employment and the

employee is rehired within 7 months of separation by the same employer the employees

previous period of employment shall contribute to the total time of employment required under

this subsection for the employee to become entitled to take leave. If a separation(s) does occur,

the total time of employment required under this subsection for the employee to be become

entitled to take leave must be accumulated within two calendar years.

G. Unused paid sick time and paid safe time shall be carried over to the following

calendar year; however, no Tier One employer shall be required to allow an employee to carry

over a combined total of paid sick time and paid safe time in excess of 40 hours, no Tier Two

employer shall be required to allow an employee to carry over a combined total of paid sick time

and paid safe time in excess of 56 hours and no Tier Three employer shall be required to allow

an employee to carry over a combined total of paid sick time and paid safe time in excess of 72

hours.


10/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

H. A Tier One or Tier Two employer with a combined or universal paid leave policy,

such as a paid time off (PTO) policy, is not required to provide additional paid sick and safe

leave, provided that:

1. Available paid leave may be used for the same purposes and under the same conditions

as paid sick and safe time as set forth in Section 14.16.030; and

2. Paid leave is accrued at the rate consistent with subsection 14.16.020.B.1; and

3. Use of paid leave within any calendar year is limited to no less than the amounts

specified respectively for Tier One and Tier Two employers in subsection 14.16.020.C;

and

4. Any accrued but unused paid leave may be carried over to the following calendar year

consistent with subsection 14.16.020.G.

I. A Tier Three employer with a combined or universal paid leave policy, such as a paid

time off (PTO) policy, is not required to provide additional paid sick and safe leave, provided

that:

1. Available paid leave may be used for the same purposes and under the same conditions

as paid sick and safe time as set forth in Section 14.16.030; and

2. Paid leave is accrued at a rate consistent with subsection 14.16.020.B.2; and

3. Use of paid leave within any calendar year is limited to no less than 108 hours; and

4. Any accrued but unused paid leave may be carried over to the following calendar year;

however no Tier Three employer with a combined or universal leave policy shall be

required to carry over unused leave in excess of 108 hours.

J. Nothing in this section shall be construed as requiring financial or other reimbursement

to an employee from an employer upon the employees termination, resignation, retirement, or

other separation from employment for accrued paid sick and safe time that has not been used.


11/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

K. If an employee is transferred to a separate division, entity, or location within the City,

or transferred out of the City and then transferred back to a division, entity, or location within the

City, but remains employed by the same employer, the employee is entitled to all paid sick and

safe time accrued at the prior division, entity, or location and is entitled to use all paid sick and

safe time as provided in this section.

L. When there is a separation from employment and the employee is rehired within 7

months of separation by the same employer, previously accrued paid sick and safe time that had

not been used shall be reinstated. Further, the employee shall be entitled to use accrued paid sick

and safe time and accrue additional sick and safe time immediately upon the re-commencement

of employment, provided that the employee had previously been eligible to use paid sick and

safe time. If there is a separation of more than 7 months, an employer shall not be required to

reinstate accrued paid sick and safe time and for the purposes of this chapter the rehired

employee shall be considered to have newly commenced employment.

M. Subject to terms and conditions established by the employer, the employer may, but is

not required to, loan paid sick time and paid safe time to the employee in advance of accrual by

such employee.

14.16.030. Use of Paid Sick Time and Paid Safe Time

A. 1. Paid sick time shall be provided to an employee by an employer for the

following reasons:

a. An absence resulting from an employees mental or physical illness,

injury or health condition; to accommodate the employees need for

medical diagnosis care, or treatment of a mental or physical illness, injury

or health condition; or an employees need for preventive medical care;

b. To allow the employee to provide care of a family member with a

mental or physical illness, injury or health condition; care of a family


12/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

member who needs medical diagnosis, care, or treatment of a mental or

physical illness, injury or health condition; or care of a family member

who needs preventive medical care.

2. Paid safe time shall be provided to an employee by an employer for the

following reasons:

a. When the employees place of business has been closed by order of a

public official to limit exposure to an infectious agent, biological toxin or

hazardous material,

b. To accommodate the employees need to care for a child whose school

or place of care has been closed by order of a public official for such a

reason.

c. For any of the following reasons related to domestic violence, sexual

assault, or stalking, as set out in RCW 49.76.030:

1) To enable the employee to seek legal or law enforcement assistance

or remedies to ensure the health and safety of the employee or the

employee's family members including, but not limited to, preparing

for, or participating in, any civil or criminal legal proceeding related to

or derived from domestic violence, sexual assault, or stalking;

2) To enable the employee to seek treatment by a health care provider

for physical or mental injuries caused by domestic violence, sexual

assault, or stalking, or to attend to health care treatment for a victim

who is the employee's family member;

3) To enable the employee to obtain, or assist a family member in

obtaining, services from a domestic violence shelter, rape crisis center,

or other social services program for relief from domestic violence,

sexual assault, or stalking;


13/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4) To enable the employee to obtain, or assist a family member in

obtaining, mental health counseling related to an incident of domestic

violence, sexual assault, or stalking, in which the employee or the

employee's family member was a victim of domestic violence, sexual

assault, or stalking; or

5) To enable the employee to participate in safety planning,

temporarily or permanently relocate, or take other actions to increase

the safety of the employee or employee's family members from future

domestic violence, sexual assault, or stalking.

B. Paid sick time and paid safe time shall be provided upon the request of an employee.

When possible, the request shall include the expected duration of the absence. An employer may

require an employee to comply with the employer's usual and customary notice and procedural

requirements for absences and/or requesting leave, provided that such requirements do not

interfere with the purposes for which the leave is needed.

1. If the paid leave is foreseeable, a written request shall be provided at least 10 days, or

as early as possible, in advance of the paid leave, unless the employers normal notice

policy requires less advance notice;

2. If the paid leave is unforeseeable, the employee must provide notice as soon as is

practicable and must generally comply with an employers reasonable normal notification

policies and/or call-in procedures, provided that such requirements do not interfere with

the purposes for which the leave is needed.

C. For employees covered by the overtime requirements of the FLSA, accrued paid sick

time and paid safe time may be used in hourly increments or smaller increments if an employer

so designates. For FLSA exempt employees, an employer may make deductions of paid sick

time and paid safe time in accordance with the FLSA. For FLSA exempt public employees, paid

sick time and paid safe time must be used in accordance with a pay system established by statute,


14/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ordinance or regulation or by a policy or practice established pursuant to the principles of public

accountability

D. When the use of accrued time is foreseeable, the employee shall make a reasonable

effort to schedule the use of sick or safe time in a manner that does not unduly disrupt the

operations of the employer.

E. For use of paid sick time of more than three consecutive days for a reason set out in

subsection 14.16.030.A.1, an employer may require reasonable documentation that the sick time

is covered by subsection 14.16.030.A.1. Documentation signed by a health care provider

indicating that sick time is necessary shall be considered reasonable documentation. An

employer may not require that the documentation explain the nature of the illness. For any

employee who is not offered health insurance by the employer, the employer and the employee

shall each pay half the cost of any out-of-pocket expense incurred by the employee in obtaining

the employer-requested documentation. These expenses are limited to the cost of services

provided by health care professionals, the services of health care facilities, testing prescribed by

health care professionals and transportation to the location where such services are provided. An

employee who has declined to participate in the health insurance program offered by his or her

employer shall not be entitled to reimbursement for out-of-pocket expenses.

F. For use of paid safe time of more than three consecutive days for a reason set out in

subsection 14.16.030.A.2,

1. an employer may require that requests under subsections 14.16.030.A.2.a and

14.16.030.A.2.b be supported by verification of a closure order by a public official of the

employees childs school or childcare establishment, and the employee may satisfy this

verification request by providing notice of the closure order in whatever format the

employee received the notice;

2. an employer may require that requests under subsection 14.16.030.A.2.c() be

supported by verification that the employee or employees family member is a victim of


15/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

domestic violence, sexual assault, or stalking, and that the leave taken was for one of the

purposes covered by subsection 14.16.030.A.2.c). As set out in RCW 49.76.040(4), an

employee may satisfy this verification requirement by one or more of the following

methods:

a. a police report indicating that the employee or employee's family member was

a victim of domestic violence, sexual assault, or stalking;

b. a court order protecting or separating the employee or employee's family

member from the perpetrator of the act of domestic violence, sexual assault, or

stalking, or other evidence from the court or the prosecuting attorney that the

employee or employee's family member appeared, or is scheduled to appear, in

court in connection with an incident of domestic violence, sexual assault, or

stalking; or

c. documentation that the employee or the employee's family member is a victim

of domestic violence, sexual assault, or stalking, from any of the following

persons from whom the employee or employee's family member sought assistance

in addressing the domestic violence, sexual assault, or stalking: An advocate for

victims of domestic violence, sexual assault, or stalking; an attorney; a member of

the clergy; or a medical or other professional. The provision of documentation

under this section does not waive or diminish the confidential or privileged nature

of communications between a victim of domestic violence, sexual assault, or

stalking with one or more of the individuals named in this subsection c; or

d. an employee's written statement that the employee or the employee's family

member is a victim of domestic violence, sexual assault, or stalking and that the

leave taken was for one of the purposes of subsection 14.16.030.A.2.c).

G. Upon mutual consent by the employee and the employer, an employee may work

additional hours or shifts during the same or next pay period without using available paid sick or


16/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

safe time for the original missed hours or shifts. However, the employer may not require the

employee to work such additional hours or shifts. Should the employee work additional shifts,

the employer shall comply with any applicable federal, state or local laws concerning overtime

pay.

H. Nothing in this chapter shall be construed to prohibit an employer from establishing a

policy whereby employees may voluntarily exchange assigned hours or trade shifts.I. When paid sick or safe time is requested by an employee who works in an eating and/or

drinking establishment, the employer may offer the employee substitute hours or shifts. If the

employee accepts the offer and works these substitute hours or shifts, the amount of time worked

during the substitute period or the amount of time requested for sick and safe time, whichever is

smaller, may be deducted from the employees accrued sick and safe time. Should the employee

work the substitute hours or shifts, the employer shall comply with any applicable federal, state

or local laws concerning overtime pay. However, no employer is required to offer such

substitute hours or shifts, and no employee is required to accept such hours or shifts if they are

offered.

J. Nothing in this chapter shall be construed to prohibit an employer from establishing a

policy whereby employees may donate unused accrued paid sick leave to another employee.

K. Each time wages are paid, employers shall provide, in writing, information stating an

updated amount of paid time available to each employee for use as either sick time or safe time.

Employers may choose a reasonable system for providing this notification, including, but not

limited to, listing remaining available paid time on each pay stub or developing an online system

where employees can access their own paid leave information.

14.16.040. Exercise of Rights Protected; Retaliation Prohibited

A. It shall be a violation for an employer or any other person to interfere with, restrain, or

deny the exercise of, or the attempt to exercise, any right protected under this chapter.


17/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

B. It shall be a violation for an employer to take adverse action or to discriminate against

an employee because the employee has exercised in good faith the rights protected under this

chapter. Such rights include but are not limited to the right to use paid sick time and/or paid safe

time pursuant to this chapter; the right to file a complaint with the Agency about any employer's

alleged violation of this chapter; the right to inform his or her employer, union or similar

organization, and/or legal counsel about an employer's alleged violation of this section; the right

to cooperate with the Agency in its investigations of alleged violations of this chapter; the right

to oppose any policy, practice, or act that is unlawful under this section; and the right to inform

other employees of his or her potential rights under this section.

C. It shall be a violation for an employers absence control policy to count paid sick or

safe time covered under this chapter as an absence that may lead to or result in any adverse

action taken against the employee.

D. The protections afforded under subsection 14.16.040.Bshall apply to any person who

mistakenly but in good faith alleges violations of this Section 14.16.040.

14.16.050. Notice and Posting

A. Employers shall give notice that employees are entitled to paid sick time and paid safe

time; the amount of paid sick and safe time and the terms of its use guaranteed under this

chapter; that retaliation against employees who request or use paid sick and safe time is

prohibited; and that each employee has the right to file a complaint or bring a civil action if paid

sick time or paid safe time as required by this section is denied by the employer or the employee

is retaliated against for requesting or taking paid sick time or paid safe time.

B. The Agency shall create and make available to employers a poster and a model notice,

hereinafter referred to as the Notice, which contains the information required under subsection

A of this Section for their use in complying with this subsection. The poster shall be printed in

English and Spanish and any other languages that the Agency determines are needed to notify

employees of their rights under this chapter.


18/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C. Employers may comply with this section by displaying the Agencys poster in a

conspicuous and accessible place in each establishment where such employees are employed.

D. Employers may also comply with this section by including the Notice in employee

handbooks or other written guidance to employees concerning employee benefits or leave rights,

if such written materials exist, or by distributing a copy of the Notice to each new employee

upon hiring. In either case, distribution may be accomplished electronically.

E. To meet the requirements of paragraph D of this section, employers may duplicate the

text of the Notice or may use another format so long as the information provided includes, at a

minimum, all of the information contained in that Notice.

F. An employer who willfully violates the notice and posting requirements of this section

shall be subject to a civil fine in an amount not to exceed $125 for the first violation and $250 for

subsequent violations.

14.16.060. Employer Records

A. Employers shall retain records documenting hours worked by employees and paid sick

time taken by employees, for a period of two years, and shall allow the Agency access to such

records, with appropriate notice and at a mutually agreeable time, to investigate potential

violations and to monitor compliance with the requirements of this chapter.

B. Employers shall not be required to modify their recordkeeping policies to comply with

this section, as long as records reasonably indicate employee hours worked in Seattle, accrued

paid sick and safe time, and paid sick and safe time taken. When an issue arises as to the amount

of accrued paid sick time and/or paid safe time available to an employee under this chapter, if the

employer does not maintain or retain adequate records documenting hours worked by the

employee and paid sick and safe time taken by the employee, or does not allow the Agency

reasonable access to such records, it shall be presumed that the employer has violated this

chapter.


19/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C. Records and documents relating to medical certifications, re-certifications or medical

histories of employees or employees family members, created for purposes of this chapter, are

required to be maintained as confidential medical records in separate files/records from the usual

personnel files. If the Americans with Disabilities Act (ADA) applies, then these records must

comply with the ADA confidentiality requirements.

14.16.070. Regulations

The Agency shall be authorized to coordinate implementation and enforcement of this

chapter and shall promulgate appropriate guidelines or regulations for such purposes.

14.16.080. Enforcement

A. Powers and duties

1. of Agency

a. The Agency shall receive, investigate, and pass upon charges alleging violations of this

chapter as defined herein, conciliate and settle the same by agreement, and monitor and enforce

any agreements or orders resulting therefrom or from a subsequent hearing thereon under and

pursuant to the terms of this chapter; and shall have such powers and duties in the performance

of these functions as are defined in this chapter and otherwise necessary and proper in the

performance of the same and provided for by law. The Agency shall further assist other City

agencies and departments upon request in effectuating and promoting the purposes of this

chapter.

b. The Director of the Agency is authorized and directed to promulgate rules consistent with this

chapter and the Administrative Code.

2. of Commission

The Seattle Human Rights Commission shall study, advise, and make recommendations for

legislation on policies, procedures, and practices which would further the purposes of this


20/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

chapter. The Commission shall hear appeals from the Director's determinations of no reasonable

cause and, in cases involving respondents who are City departments, hear appeals from

determinations of reasonable cause and the orders relating to the remedy thereof. It shall, where

appropriate and necessary, in its judgment, hear and determine complaints jointly with the

Hearing Examiner as provided in subsections 14.16.080.H and 14.16.080.I. The Commission

shall have such powers and authority in carrying out these functions as are provided for by this

chapter or otherwise established by law.

B. Charge filing, timing, amendments, notice and investigation.

1. A charge alleging a violation of this chapter shall be in writing on a form or in

a format determined by the Agency, and signed by or on behalf of a charging

party, and shall describe the violation complained of and should include a

statement of the dates, places and circumstances and the persons responsible for

such acts and practices.

2. Whenever charges are made by or on behalf of a person claiming to be

aggrieved, the person making the charge must provide the Director with the name,

address and telephone number of the individual on whose behalf the charge is

made. Thereafter, the Director shall verify the authorization of such charge by the

person on whose behalf the charge is made.

3. A charge shall not be rejected as insufficient because of failure to include all

required information so long as it substantially satisfies the informational

requirements necessary for processing.

4. A charge alleging a violation of this chapter or pattern of such violations may

also be filed by the Director whenever the Director has reason to believe that any

person has been engaged or is engaging in a violation of this chapter.

5. Charges filed under this chapter must be filed within 180 days after the

occurrence of the alleged violation of this chapter with the Agency.


21/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6. In addition to any relief authorized by this chapter, liability may accrue and an

aggrieved person may obtain relief as provided in this chapter, including recovery

of back pay for up to two years preceding the filing of the charge, where the

unlawful practices that have occurred during the charge filing period are similar

or related to unlawful practices with regard to sick time or safe time that occurred

outside the time for filing a charge.

7. The charging party or the Agency may amend a charge to cure technical defects

or omissions; or to clarify and amplify allegations made therein; or to add

allegations related to or arising out of the subject matter set forth, or attempted to

be set forth, in the original charge. For jurisdictional purposes, such amendments

shall relate back to the date the original charge was first filed. The amendment

must be filed within 180 days after the occurrence of the additional violation

and/or retaliation and prior to the Agency's issuance of findings of fact and a

determination with respect to the original charge. Such amendments may be

made at any time during the investigation of the original charge so long as the

Agency will have adequate time to investigate such additional allegations and the

parties will have adequate time to present the Agency with evidence concerning

such allegations before the issuance of findings of fact and a determination.

8. The Director shall cause to be served or mailed by certified mail, return receipt

requested, a copy of the charge on the respondent within twenty (20) days after

the filing of the charge and shall promptly make an investigation thereof.9. The

investigation shall be directed to ascertain the facts concerning the violation of

this Chapter alleged in the charge, and shall be conducted in an objective and

impartial manner.10. During the investigation the Director shall consider any

statement of position or evidence with respect to the allegations of the charge

which the charging party or the respondent wishes to submit. The Director shall


22/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

have authority to sign and issue subpoenas requiring the attendance and testimony

of witnesses, the production of evidence including but not limited to books,

records, correspondence or documents in the possession or under the control of

the person subpoenaed, and access to evidence for the purpose of examination and

copying, and conduct discovery procedures which may include the taking of

interrogatories and oral depositions.11. The Director may require a fact finding

conference or participation in another process with the respondent and any of

respondent's agents and witnesses and charging party during the investigation in

order to define the issues, determine which elements are undisputed, resolve those

issues which can be resolved, and afford an opportunity to discuss or negotiate

settlement. Parties may have their legal counsel present if desired.

C. Findings of fact and determination of reasonable cause or no reasonable cause.

1. The results of the investigation shall be reduced to written findings of fact and a

determination shall be made by the Director that there is or is not reasonable

cause for believing that a violation of this chapter has been or is being committed,

which determination shall also be in writing and issued with the written findings

of fact. Where a City department is a respondent the Director shall issue such

findings and determination only after having submitted proposed findings and

determinations to the respondent and charging party for review and comment.

With respect to the findings and determination, "issued" shall be defined as signed

and dated by the Director.

2. The findings of fact and determination shall be furnished promptly to the

respondent and charging party.

3. Once issued to the parties, the Director's findings of fact, determination and

order may not be amended or withdrawn except upon the agreement of the parties

or in response to an order by the Seattle Human Rights Commission after an


23/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

appeal taken pursuant to Section 14.16.080.D or 14.16.080.G provided, that the

Director may correct clerical mistakes or errors arising from oversight or

omission upon a motion from a party or upon the Director's own motion.

D. Determination of no reasonable cause Appeal from and dismissal.

If a determination is made that there is no reasonable cause for believing a violation of

this chapter has been committed, the charging party shall have the right to appeal such

determination to the Commission within 30 days of the date the determination is signed by the

Director by filing a written statement of appeal with the Commission. Such statement shall state

specifically the grounds on which it is based and the reasons the determination or order or both is

in error. The Commission shall promptly deliver a copy of the statement to the Agency and

respondent and shall promptly consider and act upon such appeal by either affirming the

Director's determination or remanding it to the Director with appropriate instructions. In

considering such appeals the Commission shall only review whether the investigation was

adequate and the Directors findings are supported by a preponderance of the evidence. The

burden shall be on the charging party to demonstrate that the matter should be remanded to the

Director. In the event no appeal is taken or such appeal results in affirmance, the determination

of the Director shall be final and the charge deemed dismissed and the same shall be entered on

the records of the Agency.

E. Determination of reasonable cause -- Conciliation and settlement of cases involving all

respondents except City departments.

1. In all cases except a case in which a City department is the respondent, if a

reasonable cause determination is made, the Director shall endeavor to eliminate

the unlawful practice by conference, conciliation and persuasion. Conditions of

settlement may include (but are not limited to) the elimination of the unlawful

practice, hiring, reinstatement or upgrading with or without back pay, lost

benefits, attorney's fees, admittance or restoration to membership in a labor


24/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

organization, or such other action which will effectuate the purposes of this

chapter, including action which could be ordered by a court, except that damages

for humiliation and mental suffering shall not exceed $10,000. Any settlement

agreement shall be reduced to writing and signed by the Director, the charging

party and the respondent. An order shall then be entered by the Director setting

forth the terms of the agreement. Copies of such order shall be delivered to all

affected parties.

2. In case of failure to reach an agreement and of conciliation and upon a written

finding to that effect furnished to the charging party and respondent, except a case

in which a City department is a respondent, the Director shall promptly cause to

be delivered the entire investigatory file, including the charge and any and all

findings made, to the City Attorney for further proceedings and hearing under this

chapter pursuant to Section 14.16.080.H.

F. Determinations of reasonable cause -- Conciliation, settlement and conclusion of cases

involving City departments as respondents.

In all cases in which a City department is a respondent:

1. A determination of reasonable cause by the Director shall be deemed a finding

that an unlawful practice has been committed by respondent and is dispositive of

this issue for all future proceedings under this chapter, unless appealed, reversed

and remanded as provided in this chapter.

2. Within sixty days of a determination of reasonable cause, the Director shall

confer with the parties and determine an appropriate remedy, which remedy may

include (but is not limited to) hiring, reinstatement or upgrading with or without

back pay, lost benefits, attorney's fees, or such other action as will effectuate the

purposes of this chapter, including action which could be ordered by a court,


25/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

except that damages for humiliation and mental suffering shall not exceed

$10,000. Such remedy shall be reduced to writing in an order of the Director.

3. The charging party must sign a release in the form and manner requested by the

Department, releasing the City from further liability for acts giving rise to the

charge in order to obtain the benefits of the remedy provided under this section

and before payment can be made. Without such release, the Director's order with

respect to the charging party's individual relief shall have no force and effect. In

such event the Director shall notify the parties involved in writing.

4. In all cases where the remedy determined by the Director before or after any

appeal includes a monetary payment which exceeds the sum of $5,000, the charge

or claim, the Director's determination, order, the charging party's signed release

and such further documentation as may be required shall be presented to the City

Council for passage by separate ordinance. If the City Council fails or refuses to

appropriate the amount ordered by the Director within 90 days, the Director shall

certify the case to the Hearing Examiner for a hearing to determine the

appropriate monetary relief in the case which determination shall be final and

binding upon the City.

5. Where the Director's order includes a monetary payment of $5,000 or less, such

payment shall be made under the authority and in the form and manner otherwise

provided for by law for payment of such claims.

G. Appeals to the Commission from determinations of reasonable cause and orders of

excess involving City departments as respondents.

In all cases in which a City department is a respondent:

1. The charging party or respondent may appeal the Director's order and

determination of reasonable cause to the Commission within 30 days of the

Director's order by filing a written statement of appeal with the Commission.


26/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Such statement shall state specifically the grounds on which it is based and the

reasons the determination or order or both is in error.

2. The Commission shall promptly mail a copy of the statement to the Department

and to the other party and shall promptly consider and act upon such appeal by

either affirming the Director's determination or order or remanding it to the

Director with appropriate instructions.

3. The filing of an appeal shall stay the enforcement of any remedy provided for

in the Director's determination or order during the pendency of the appeal.

4. In such appeal, the Commission shall consider only the record submitted to it

by the Department and written statements of positions by the parties involved and,

in its discretion, oral presentation. The Commission shall reverse the Director's

determination or order only upon a finding that it is clearly erroneous.

H. Complaint and hearing of cases with all respondents except City departments.

1. Following submission of the investigatory file from the Director in cases

involving all respondents under 14.16.080.E, the City Attorney shall prepare a

complaint against such respondent relating to the charge and facts discovered

during the investigation thereof and prosecute the same in the name and on behalf

of the Department and the City at a hearing before the Hearing Examiner sitting

alone or with representatives of the Commission as provided in this chapter and to

appear for and represent the interests of the Department and the City at all

subsequent proceedings; provided, if the City Attorney determines that there is no

legal basis for a complaint to be filed or for proceedings to continue, a statement

of the reasons therefore shall be filed with the Department, charging party and the

respondent.


27/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2. The complaint shall be served on respondent in the usual manner provided by

law for service of complaints and filed with the Seattle Hearing Examiner. A copy

of such complaint shall be furnished to the charging party.

3. Within 20 days of the service of such complaint upon it, the respondent shall

file its answer with the Hearing Examiner and serve a copy of the same on the

City Attorney.

4. Upon the filing of the complaint, the Hearing Examiner shall promptly

establish a date for the hearing of such complaint and give notice thereof to the

Commission, the City Attorney and respondent, and shall thereafter hold a public

hearing on the complaint, which hearing shall commence no earlier than 90 days

nor later than 120 days from the filing of the complaint, unless otherwise ordered

by the Hearing Examiner.

5. After the filing of a complaint with the Hearing Examiner, it may be amended

only with the permission of the Hearing Examiner, which permission shall be

granted when justice will be served thereby and all parties are allowed time to

prepare their case with respect to additional or expanded charges which they did

not and could not have reasonably foreseen would be in issue at the hearing.

6. The hearing shall be conducted by a Hearing Examiner from the Office of

Hearing Examiner, or a hearing examiner pro tempore appointed by the Hearing

Examiner from a list approved by the Commission, sitting alone or with

representatives of the Commission if any are designated. Such hearings shall be

conducted in accordance with SMC Chapter 3.02 and the Hearing Examiner rules

applicable to cases brought under this Title 14.

7. The Commission, within 30 days after notice of the date of hearing from the

Hearing Examiner, at its discretion, may appoint two of its members who have

not otherwise been involved in the charge, investigation, fact finding, or other


28/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

resolution and proceeding on the merits of the case, who have not formed an

opinion on the merits of the case, and who otherwise have no pecuniary, private

or personal interest or bias in the matter, to hear the case with the Hearing

Examiner. If the Commission has designated representatives they shall each have

an equal vote with the Hearing Examiner, except the Hearing Examiner shall be

the chairperson of the panel and make all evidentiary rulings. Should a question

arise as to previous involvement, interest or bias of an appointed Commissioner,

the Hearing Examiner shall resolve the issue in conformance with the law on the

subject.

8. The review of all matters properly brought under this subsection 14.16.080.H

shall be de novo. Nothing in this paragraph shall be construed to limit or prevent

de novo review of matters brought before the Hearing Examiner (or the Hearing

Examiner and members of the Commission as the case may be) under Sections

14.04.170, 14.06.110, 14.08.170, or 14.10.130.

I. Decision and order.

1. Within 30 days after conclusion of the hearing, the Hearing Examiner presiding

at the hearing (or the Examiner and Commissioners as the case may be) shall

prepare a written decision and order. The final decision shall be filed as a public

record with the City Clerk, and copies thereof mailed to each party of record and

to the Agency.

2. Such decision shall contain a brief summary of the evidence considered and

shall contain findings of fact, conclusions of law upon which the decision is

based, and an order detailing the relief deemed appropriate, together with a brief

statement of the reasons therefore.

3. In the event the Hearing Examiner (or a majority of the panel composed of the

Examiner and Commissioners), determines that a respondent has committed a


29/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

violation of this chapter, the Hearing Examiner (or panel majority) may order the

respondent to take such affirmative action or provide for such relief as is deemed

necessary to correct the practice, effectuate the purpose of this chapter, and secure

compliance therewith, including but not limited to hiring, reinstatement, or

upgrading with or without back pay, lost benefits, attorney's fees, admittance or

restoration to membership in a labor organization, or such other action which will

effectuate the purposes of this chapter, including action which could be ordered

by a court, except that damages for humiliation and mental suffering shall not

exceed $10,000. Back pay liability shall not accrue from a date more than 2 years

prior to the initial filing of the charge.

4. Respondent shall comply with the provisions of any order affording relief and

shall furnish proof of compliance to the Agency as specified in the order. In the

event respondent refuses or fails to comply with the order, the Director shall

notify the City Attorney of the same and the City Attorney shall invoke the aid of

the appropriate court to secure enforcement or compliance with the order.

K. Violation -- Penalty.

It is unlawful for any person to willfully engage in an unfair practice under this chapter or

willfully resist, prevent, impede or interfere with the Director or Hearing Examiner in the

performance of their duties under this chapter, or to fail, refuse, or neglect to comply with any

lawful order of the Director or Hearing Examiner. Conduct made unlawful by this section

constitutes a violation subject to the provisions of Chapter 12A.02 of the Seattle Criminal Code

(Ordinance 102843, as amended), and any person convicted thereof may be punished by a civil

fine or forfeiture not to exceed $500.

14.16.090. New Employers


30/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

The provisions of this Chapter shall not apply to Tier One and Tier Two employers until

24 months after the hire date of their first employee. For the purposes of this section, employer

tier shall be calculated based upon the average number of full-time equivalents employed per

calendar week during the first 90 calendar days following the hire date of their first employee.

14.16.100. Confidentiality and Nondisclosure

A. Except as provided in subsection B of this section, an employer shall maintain the

confidentiality of information provided by the employee or others in support of an employees

request for sick or safe days under this section, including health information and the fact that the

employee or employees family member is a victim of domestic violence, sexual assault, or

stalking, that the employee has requested or obtained leave under this act, and any written or oral

statement, documentation, record, or corroborating evidence provided by the employee.

B. Information given by an employee may be disclosed by an employer only if it is

1. requested or consented to by the employee;

2. ordered by a court or administrative agency; or

3. otherwise required by applicable federal or state law.

14.16.110. Encouragement of more generous sick time policies; no effect on more generous

policies

A. Nothing in this chapter shall be construed to discourage or prohibit an employer from

the adoption or retention of a paid sick and safe time policy more generous than the one required

herein.

B. Nothing in this chapter shall be construed as diminishing the obligation of an

employer to comply with any contract, collective bargaining agreement, employment benefit

plan or other agreement providing more generous sick and safe time to an employee than

required herein.


31/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C. Nothing in this chapter shall be construed as diminishing the rights of public

employees regarding paid sick or safe time or use of sick or safe time as provided under federal

or Washington state law, or the Seattle Municipal Code.

14.16.120. Waiver of the Provisions of the Chapter

The provisions of this chapter shall not apply to any employees covered by a bona fide

collective bargaining agreement to the extent that such requirements are expressly waived in the

collective bargaining agreement in clear and unambiguous terms.

Any waiver by an individual of any provisions of this chapter shall be deemed contrary to

public policy and shall be void and unenforceable.

14.16.130. Other Legal Requirements

This chapter provides minimum requirements pertaining to paid sick and safe time and

shall not be construed to preempt, limit, or otherwise affect the applicability of any other law,

regulation, requirement, policy, or standard that provides for greater accrual or use by employees

of sick or safe time, whether paid or unpaid, or that extends other protections to employees; and

nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict

with federal or state law. Nor shall this chapter be construed to preclude any person aggrieved

from seeking judicial review of any final administrative decision or order made under this

chapter affecting such person.

Section 3. Consistent with the duties established for the Seattle Human Rights

Commission in Section 2 of this ordinance, subsection 3.14.931.E of the Seattle Municipal Code,

last amended by ordinance 118392, is amended as follows:


32/33

Ben Noble



1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3.14.931 Seattle Human Rights Commission -- Duties

***

E. Hear appeals and hearings as set forth in Chapters 14.04,(( and)) 14.08, and 14.16 of

the Seattle Municipal ((Court))Code.

Section 4. Eighteen months after the effective date of this ordinance, the Seattle Office

for Civil Rights and the Seattle Office of City Auditor will provide Council with a written

evaluation of the impacts this ordinance has had on employees and employers. This evaluation

will include an assessment of patterns and practices relating to shift swapping, the potential

abuse of leave by employees who take time for other than the intended purposes, use of explicit

waivers of the requirements of this ordinance in collective bargaining agreements, and of

complaints and enforcement actions.

Section 5. This ordinance shall take effect on September 1, 2012.

Section 6. Severability. The several provisions of this ordinance are declared to be

separate and severable and an order of any court of competent jurisdiction holding invalid any

clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or holding invalid

the application thereof to any person or circumstance, shall not affect the validity of the

remainder of this ordinance or the validity of its application to other persons or circumstances.

Passed by the City Council the ____ day of ________________________, 2011, and signed by

me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council


33/33

Ben Noble


1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

1

2

3

4

5

6

7

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

city of seattle paid leave ordinance

Documents